Republican-Led Consumer Protection Breaks New Ground
West Virginia has made history by becoming the first state to ban synthetic dyes and preservatives in food products, marking a significant shift in consumer protection policy. This groundbreaking legislation, championed by Republican lawmakers despite strong industry opposition, signals the growing influence of the “Make America Healthy Again” (MAHA) movement that gained momentum during the 2024 presidential campaign.
Bipartisan Momentum Against Food Additives
The West Virginia law represents just one example of dozens of similar bills introduced nationwide, indicating a remarkable bipartisan interest in addressing potentially harmful food additives. Jensen Jose, regulatory counsel for the Center for Science in the Public Interest (CSPI), noted the “unprecedented” wave of legislation targeting synthetic dyes, preservatives, and chemicals in food packaging.
“There’s a growing bipartisan interest to ban this, and also a bipartisan frustration with how the [Food and Drug Administration] is working,” Jose explained, highlighting how states are increasingly taking matters into their own hands.
From California to West Virginia
Consumer advocates acknowledge that West Virginia’s new law follows California’s lead, which banned similar dyes from school meals in 2024. The Biden administration had also banned Red Dye No. 3 in its final days. However, this new legislation demonstrates an unusual alliance between science-based consumer advocates who typically find support from the political left and Republican state lawmakers, despite the party’s historical skepticism toward certain scientific consensus.
RFK Jr. and the MAHA Movement
At the center of this movement stands Robert F. Kennedy Jr., Trump’s health secretary and formerly the nation’s most prominent vaccine skeptic. Kennedy’s controversial appointment has raised concerns among the same advocacy groups that have fought against synthetic food additives for years.
Since taking office, Kennedy has downplayed the importance of measles vaccines while promoting alternative remedies, proposed significant staffing cuts at HHS, and appears ready to undermine mRNA technology despite its vital role during the COVID-19 pandemic.
West Virginia’s Comprehensive Ban
The newly signed West Virginia law prohibits an extensive list of synthetic additives, including Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, Green Dye No. 3, and preservatives like butylated hydroxyanisole and propylparaben. These substances will be banned from school foods beginning August 2024 and from all foods sold in the state by 2028.
State Attorney General Patrick Morrisey emphasized the significance of this legislation during the signing ceremony: “West Virginia ranks at the bottom of many public health metrics, which is why there’s no better place to lead the make America healthy again mission.”
Industry Pushback and Economic Concerns
The food and beverage industry has fiercely opposed the measure, with lobbyists making dire predictions about its economic impact. Kevin Keane, CEO of the American Beverage Association, warned that “West Virginia families will face higher food prices and a scarcity of available products in stores because this law effectively outlaws 60% of grocery store food items.”
Industry representatives have also predicted job losses and business closures, claiming the legislation lacks scientific justification.
Federal Inaction Drives State-Level Response
Consumer advocates point to years of federal inaction as the primary driver behind state-based bans. Their principal criticism centers on the FDA’s “generally recognized as safe” (GRAS) designation, which they describe as a regulatory loophole.
Originally designed in 1958 to exempt common ingredients like salt and vinegar from scientific review, the GRAS pathway has expanded dramatically over time. Critics argue that underfunding of the FDA’s food review budget has exacerbated the problem.
The GRAS System Under Scrutiny
Scott Faber of the Environmental Working Group captured the frustration of many advocates when he stated, “The ‘generally recognized as safe’ loophole has swallowed the law. Ninety-nine percent of new chemicals are reviewed by the chemical companies, and guess what? They’re always safe.”
Critics highlight examples like the tara flour incident, which sickened hundreds of people in 2022 when included in Daily Harvest meal kits. The FDA only declared the ingredient “unapproved” two years later, raising concerns about how many other potentially harmful substances might remain in the food system for years without adequate oversight.
Uncertain Future for the New Alliance
Whether this unusual alliance between consumer advocates and Republican lawmakers will endure remains uncertain. The inclusion of Republican state representative Adam Burkhammer’s comments about examining “pharmaceutical and vaccine ingredients” suggests that while common ground exists on food additives, significant ideological differences persist on other health-related issues.
As West Virginia implements this pioneering legislation, its impact will be closely watched by other states considering similar measures, potentially reshaping America’s approach to food safety and consumer protection for years to come.
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